Curtis v. First National Bank of Commerce

Quillian, Chief Judge.

The plaintiff/appellee brought this action in the Franklin Superior Court seeking to recover the sum owed on a promissory note in the principal amount of $40,000. The action was brought against five defendants, the directors of the corporation which incurred the debt on which the promissory note was based. The five defendants, as directors, had endorsed a section on the reverse side of the note entitled “Guaranty of Payment.”

The appellant, who was one of the five named defendants, filed an answer and a counterclaim. The two major grounds urged in defense of the note were…